Today I was in Court as the District Judge ruled on a Motion for Summary Judgement in the case concerning the foreclosure on our home.
In the matter of Standing to bring action - Motion Sustained
In the matter of Default and Possession for Plaintiff - Motion Denied
The world is a brighter place today, let's go sub-squiggle and find out what happened.
I Diaried our tale of woe as part of the current Subscription Drive. I was also at the point where I wanted to share what has happened to us in the last couple of years, and I wanted to do so because of the support folk here have offered. I also hoped that there may be something, some little morsel or snippet of info that might go to help others.
The original Diary is Here.
Well now .... I was in Court this morning. I spent the last twenty four hours in a bit of a state. Today was the day I expected that we would lose. That the District Judge was just about to do again what they have done so frequently. Today I expected the Judge to set aside the Law, and give our home to the Bank of America.
Notwithstanding that there are genuine concerns about their Standing to bring the case, none of which have yet been answered, or the very real evidence that we, the homeowners, may have been duped into the original default. I still expected that we would lose.
It was open to the Judge to deny the entire Motion for Summary Judgement. Has she done so she would have had little alternative to dismiss the case, thereby handing Clear Title to us. She was, from the off, never going to do that and I can't really say that I blame her. She is a Judge, but she is also a politician, and they need Campaign contributions, and to get elected. Sucks but it's reality.
She accepted the dodgy documentation provided by the Bank that shows Standing. Curiously she also signalled an Appeal against that decision by saying, in open court, that she expected that her decision would be appealed even before she had handed down a decision, or heard the argument. I have to tell you that, even to a layman, it was a very strange statement for a Judge to read into the record.
She also appeared to have very little time for my Attorney. She basically told him to keep a civil tongue in his head, and it wasn't going well.
Then came the kicker.
The Judge gave her ruling in two parts.
As to the matter of Standing, she accepted that the Bank of America was the correct party, and she sustained the Motion.
On to the juicy bit ..... Were the Respondents in default of their mortgage, and should she grant a possession order to the Plaintiffs.
Then came the words I had never dared hope to hear "Motion Denied"
She has ordered a hearing into all the matters raised of "unclean hands" and the defence that we were induced to default by the Bank.
For the first time as far as we can tell, an Oklahoma Judge just handed Bank of America it's ass!!!
I am told that we won't get a hearing date for about a year, then it will be a further six months before the actual hearing.
In the meantime, we stay put and there is time for the Oklahoma Court of Appeal to hand down decisions in the outstanding Appeals related to Standing, forged document, et al.
It's a good day for us, it's a good day for Oklahoma and, in the words of Craig Ferguson:
"It's a great day for America"
Yeah, I may have pitched that a bit high, but I am so very pleased that in all material respects ... We Won!